Suraj Mandal @Sooraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60892 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Suraj Mandal @Sooraj Mandal Son Of Ashok Mandal @ Ashok Kumar Mandal Resident Of Village- Shivaji Nagar, Imalighat, Ps- Nagar, DistDarbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. As per FIR, the informant alleged that when he, his driver and his attendant were sleeping in the parked truck in the meantime two unknown miscreants entered in their truck and started assaulting due to which they sustained injuries and during occurrence miscreants also robbed cash Rs. 2000/- three mobiles and fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR

Patna High Court CR. MISC. No.60892 of 2023(3) dt.06-12-2023 2/2 and he has falsely been implicated in this present case merely on the basis of suspicion. During investigation not a single stolen mobile has been recovered from the possession of the petitioner. Similalry situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 23.11.2023 passed in Cr. Misc. No. 73104 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 26.07.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 168 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga.

(Sunil Kumar Panwar, J) manishkumar/- U T